Threat Of Punishment Research Articles

Enforcement of Fairness Norms by Punishment: A Comparison of Gains and Losses.

Although in everyday life decisions about losses are prevalent (e.g., the climate crisis and the COVID-19 crisis), there is hardly any research on decisions in the loss domain. Therefore, we conducted online experiments with a sample of 672 participants (mostly students), using third-party punishment dictator games (DGs) in the loss domain to explore the impact of losses and punishment threats on the conformity to the fairness norm. Subjects in the treatment condition have to divide a loss of -10 € with the threat of a third-party punishment with different strengths (control: gains, no punishment). Overall, the statistical evidence seems rather weak, but when it comes to losses, subjects are more rational and straightforward with their words and deeds than with gains. Therefore, in the loss domain, subjects are more likely to believe that the fairness norm should be followed, and they subjectively perceive that the others do as well. Furthermore, although dictators' decisions are more selfish in the loss domain, dictators there react more strongly to the punishment threat by reducing their demands than in the gains domain. This holds as long as the punishment threat is strong enough, as judged from a rational perspective.

Law Enforcement for Violence against Children

As the next generation of the nation, children should get their rights and needs adequately. On the other hand, they are not objects (targets) of acts of arbitrariness and inhumane treatment from anyone or any party. Children who are considered vulnerable to acts of violence and abuse, should be cared for, cared for, educated as well as possible, so that they grow and develop in a healthy and normal manner. That alone needs to be done, so that in the future there will not be a lost generation. Criminal law enforcement regulations for perpetrators of violence against children in Indonesia are not based on the value of justice because of the perpetrators of violence against children themselves, where the perpetrators are does not see the law as a law that will bind an action that he has committed but only as an ordinary rule that can be deceived by perpetrators of violence, it is evident that in recent years in Indonesia and in neighboring countries violence against children is still relatively high, This proves that criminal law regulations for perpetrators of violence against children are still considered small, and even more so if there is peace between the parents of the victim and the perpetrator, peace here is in the form of compensation or restitution which does not create a sense of the value of justice for victims of violence, which is essentially considered to have no deterrent effect on perpetrators of violence against children. The focused data is from the Province of North Sumatra, where for some time this area has always received public attention regarding violence against children. In North Sumatra in 2018 there were 1,030 cases recorded with Medan City being the highest, in 2019 there were 705 cases, in 2020 there were 641 cases, in 2021 there were 994 cases with Langkat Regency being the highest, and in 2022 there were 962 cases the highest. It should be noted from the data obtained, from 2018 to 2022 the age of children as victims is between the ages of 13-17 and sexual violence is the highest type of violence, and ranks number two in types of physical violence weak law enforcement in the process of not being able to make legal wishes come true. These legal regulations will also determine how law enforcement will be carried out. As is the case in Law Number 35 of 2014 concerning Child Protection where prosecution is lighter than the threat of punishment stipulated by law so that the judge's decision is considered relatively light in cases of violence against children. Reconstruction of criminal law regulations for victims of violence against children in the application of a statutory regulation must look at all elements of life in society, especially if it concerns law in the public sphere. Children as shoots, potentials and the younger generation to continue the ideals of the nation's struggle have a strategic role, special characteristics as well, so they must be protected from all forms of inhumane treatment that can result in violations of human rights.

The Role of the Corporate Penalty System on Environmental Regulation

Criminal acts Indonesia's environmental law has numerous issues and has long been regulated in Indonesia. However, the question is whether the Corporate Penalty System on Environmental Regulation can implement this policy. This research aims to analyze the role of the corporate penalty system in environmental regulation. This is normative legal research with secondary data from primary, secondary, and tertiary legal materials. The research results show, first, that the Corporate Penalty System on Environmental Regulation has overlapping regulations and the need for more clarity regarding corporate punishment, substantive issues, and law enforcement. The Indonesian government must focus on this to achieve an integrated corporate punishment system. In environmental regulations, the overlapping provisions of administrative and criminal law contribute to the unjust nature of the corporate punishment system. Therefore, it tends to vary from one location to the next. Second, the threat of punishment is not proportional to the heinousness of the act. Third, the absence of harmonization with prior legal arrangements resulted in disparate sentences. The best way to enforce environmental crimes committed by corporations is to have adequate regulations to work from; encouraging harsher penalties for social and economic losses will be detrimental to environmental justice; and implementing an integrated system of corporate punishment requires a variety of measures, such as enacting new regulations and focusing on ecological criminal law enforcement.

Pendampingan Saksi Dalam Tindak Pidana Korupsi

Introduction: The investigation process of a suspect in a criminal case of corruption begins with the examination of a witness. The testimony of the judgment of the judgment is absolute. In addition to the threat of punishment for corruption over five years, and the testimony by the witnesses if not, of course, the testimony is given by the witnesses, According to the investigator, the witnesses are identified as a suspect in a criminal case of corruption.
 Purposes of the Research: Examining and analyzing forms of assisting witnesses by legal counselors in case of corruption crimes.
 Methods of the Research: The type of research used is normative research focused on giving systematic explanations that govern a particular category.The problem's approach to the law and conceptual approach. The gathering of legal material through primary legal material is then associated with secondary legal material.The management and analysis of legal materials is qualitatively deciphered.
 Results of the Research: Witness and victim protection laws specifically in chapter 2 indicate that these laws provide protection to witnesses and victims in all criminal proceedings in the judicial environment..From the sound of this chapter means against witnesses at all levels need protection, In this case, legal protection..In chapter ii, u psk in chapter 5 verse (1 ) a witness and victim have rights, One of them is free from question, and one of them is a witness., Should also be given by the prosecutor as an investigator in the corruption crimes., But sometimes they don't provide protection and rights as witnesses..To do that requires a witness accompanied by legal counsel or advocates in the process of investigating crimes of corruption in order to protect the rights of witnesses.

Rehabilitasi Pelaku Tindak Pidana Narkotika Golongan 1 (Satu) Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika

Introduction: Rehabilitation is a form of punishment aimed at treatment.Purposes of the Research: The purpose of this study is to determine whether the actions of the perpetrators of the Narcotics Crime in Decision Number 154/Pid.Sus/PN Amb have fulfilled the elements of the threat of punishment as stipulated in the Narcotics Law and what the judges consider in giving a rehabilitation decision against the perpetrators of narcotics abuse.Methods of the Research: The research method used is normative juridical research or literature study with the type of research that is analytical descriptive in nature which is a method that functions to describe or give an overview of the object under study through legal sources.Results of the Research: The results of the research used, it can be concluded that the judge decided to impose a sentence in the form of medical rehabilitation. Legal actions imposed on victims of narcotics abuse are reflected in SEMA No. 04 of 2010, concerning the placement of abusers, victims of abuse and narcotics addicts into rehabilitation institutions.

Akibat Wanprestasi yang Dilakukan Penyewa dalam Perjanjian Sewa Menyewa Lahan Bangunan

The relationship between renting and individual is very close because it often occurs in everyday life because people are unable to live without help from other parties such as renting goods that are to other parties. Rent that often occurs in the community is renting a house or building, both for individuals and groups. In renting a house, most parties often make mistakes both on the landlord and the tenant of the house, causing disputes between both parties. The research method used is the normative juridical method, namely research that prioritizes literature data, namely research on secondary data. The secondary data can be primary, secondary or tertiary legal material. This research includes research on the Effects of Default by Tenants in Lease Agreements and Judges' Considerations in Decision Number 217/PDT/2020/PT SBY. Based on the results of the study, the author concludes that with the act of default in the rental agreement, the aggrieved party has the right to take actions to fulfill the performance that has been agreed, an agreement has an impact if the agreement is not fulfilled by one party, then the other party has the right to make legal remedies or claims. A judge's judgment on default is a judgment to enforce the law, that is, a judgment that is sometimes rendered when compensation will not be a viable legal remedy. This judgment is a court order that orders the offending party to carry out his promises with the threat of punishment for violating the court decision and an Order not to violate the agreement, namely: A judgment is a court order directed to a person not to violate his agreement.

Football Culture and Domestic Violence: Dissecting the Link among a Focus Group of Non-Abusive Youth Football Fan’s

Increased reports of domestic violence and abuse (DVA) have been identified following football games. Yet, the relationship between DVA and football culture remains qualitatively underexplored. To better understand this phenomenon, we conducted a focus group with male, non-abusive football youth fans to gain their perceptions of why domestic violence increases following football matches in England. Using thematic analysis, we present a unique insight into the link between DVA and football culture. The findings align with previously identified risk factors for DVA, including the role of alcohol consumption, gambling, and other violent behaviours. We also identified game-specific (e.g., the intensity of winning or losing) and individual factors (e.g., previous exposure to violence and awareness of what constitutes DVA) as heightening the effects of these cultural behaviours, alongside an increased sense of identity with ‘football culture’ after attending a game. We conclude by considering the implications of these findings for policy and practice, such as considering placement of advertising campaigns during matches to increase awareness, increasing threats of punishment and considering the scheduling of matches to reduce triggers of such cultural, and often violent, behaviours associated with football fandom. In addition, we call for further research in this area.

Effects of Economic Deterrence Theory and Environmental Regulation on Tax Evasion: Evidence from Energy Sector

Environmental regulation is the responsibility of individuals, corporations, and other entities to prevent environmental damage or improve the tarnished environment. The Environmental law of every country works to protect the natural resources of land, water, air, and soil. There are research evidence that environmental regulation influences Corporate taxes. Economic deterrence theory acted as deterrent to threats of punishment for unwanted or illegal behavior. The fundamental concept of the theory is deterring the taxpayers into compliance by the risk of audit, penalty, etc. The objective of the study is to analyze the impact of economic deterrence theory and environmental regulation on corporate tax evasion, particularly petroleum profit taxes in Nigeria. The components of Economic deterrence theory (tax agents, tax complexity, tax knowledge) and environmental regulations are the independent variables and corporate tax evasion particularly PPT is the dependent variable of the study. It is quantitative research based on primary data which was collected from the oil and gas companies’ representatives. Structural Equation Modelling techniques were applied, and the outcome of the research is a positive and significant relationship between tax agents, tax complexity, tax knowledge, and environmental regulations on corporate tax evasion. The result further shows a positive but non-significant relationship between tax audits and perceived petroleum profit tax evasion. The study draws the attention of policymakers to formulate environmental regulations that are more robust, simple, and flexible, to reduce adverse effects of environmental damage on the economic growth and development of oil and gas-producing countries.

Bloody Edification: The Violence of Education in Sutton Griggs's Imperium in Imperio

Abstract: This article contends that scenes and themes of education in Sutton Griggs's Imperium in Imperio deploy the threat of corporal punishment as a means of reincarnating antebellum plantation systems of surveillance and punishment in the postbellum school space. By copiously tracing the logic and references in a commentary on education by a parson early in the novel, the article shows that Griggs's book makes learning, violence, and space inextricable in Black Reconstruction life. Drawing on theorists like Hortense Spillers and Karen Sanchez-Eppler, who argue that violence on the body renders Black bodies legible, I suggest that Black education manifests itself through the same bodily terror that dictated life for enslaved persons. Griggs, I propose, depicts knowledge accumulation and dissemination as harmful to the Black populace not only physically but politically as well. With an eye towards the book's eponymous Black insurrectionary state, this article argues that the plantation's regime of intimidation, which continues to impose itself through the illusion of academic installation, might be overturned through a motivated manipulation of space.

“I Do Love / To Note and to Observe”: The Pleasures of Surveillance and Resistance in the Work of Ben Jonson

Poet, playwright, religious dissident, and collaborator with the state surveillance apparatus: Ben Jonson experienced a long and tortuous relationship with surveilling in late-Tudor/early-Stuart England. The cultures of surveillance he encountered extended beyond espionage to social and religious surveillance, which in early modern England often bled into and facilitated the workings of the state’s network of informants. His literary output and unusually detailed (for the time) biographical information combine to give us a complex picture of his engagement with surveilling, secrecy, and resistance. Jonson’s experience of surveillance involved incarceration and the threat of corporal punishment, but in his writings, he associates surveilling and being surveilled with pleasure in the context of his Humanist education, his conversion to Catholicism at a time when the Protestant English state had outlawed such worship, and his work as a satirist, playwright, and poet. Using Freud’s notion of unheimlich, or the uncanny, I argue that Jonson demystifies surveilling, but approaches his critique from two directions simultaneously: he interrogates and encourages resistance to state violence and coercion while highlighting his own acquiescence to the pleasures of voyeurism and exhibitionism, suggesting that surveilling is seemingly irresistible, as in both overpowering and appealing. Because he centers the uncanny in his writings, Jonson may be a useful guide for those theorizing and navigating the complexities of surveillance. He exemplifies how resistance to asymmetries of power persists through time and despite outward conformity to a regime of surveillance, which itself may be unheimlich.

Falschgeld und sein Surrogat im Schweizer Strafrecht

The study aims to introduce the reader to the issue of criminal law protection of money in Swiss legislation against attacks on its authenticity in the form of forgery or counterfeiting. The solutions presented in the text, used on the basis of Swiss criminal law, to some extent, can provide a reference point both for undertaking separate and detailed analyses devoted to the domestic type of counterfeit money and for formulating balanced de lege ferenda postulates. Accordingly, the article contains a dogmatic analysis of the provisions typifying counterfeit money or its surrogates in Swiss criminal law. The argument was preceded by an indication of the distinguished categories of criminal acts aimed at protecting the circulation of money and other means of payment. Moreover, reference was made to the statutory threat of punishment provided for in Swiss law and to the specific basis for the confiscation decision. It is worth noting that the Swiss legal order is not one of the most desirable lines of analysis in the Polish legal doctrine. This fact is surprising insofar as the current criminal law of Switzerland was a significant inspiration for the drafters of the Polish Criminal Code of 1932. This leads to the conclusion that a closer analysis of Swiss institutions that protect money from counterfeiting is necessary and worth attention.

The wrong of mercenarism: a promissory account

The wrong of mercenarism: a promissory account

KEJAHATAN TERHADAP PERKAWINAN (PERKEMBANGANNYA DALAM HUKUM PIDANA POSITIF INDONESIA)

The crime against marriage is for anyone who holds a marriage when knowing that marriages or marriages that have existed become a barrier to the legality of the marriage. Therefore, it is important to review a positive criminal law in Indonesia regarding crimes against marriage. This research is an empirical juridical research that then the data will be analyzed in a cailiative-normative manner, examining by interpreting by inferring the data contained in the statutory documents. In qualitative methods, it is built on secondary data in the form of theory, meaning and substance from various literatures and laws and regulations so that conclusions are reached. The results showed that crimes against marriage based on the Criminal Code in positive criminal law in Indonesia, namely crimes and violations are threatened with punishment which is suffering or torture for the person concerned. However, there are still types of crimes regulated outside the Criminal Code, known as "special crimes" such as corruption, subversion, narcotics, economic crimes. Violation is a minor criminal act, the threat of punishment is in the form of a fine or confinement. All criminal acts that are classified as violations are regulated in book III of the Criminal Code. Crimes against marriage based on Islamic law, namely in Islam when someone commits a crime, there must be criminal responsibility. Islam divides the two in regulating Islamic criminal punishment, first jarimah hudud which is the punishment given to criminal perpetrators in accordance with the Qur'an and hadith. The two jarimah takzir, namely the criminal sanctions imposed on criminals are not contained in the Qur'an and this hadith of punishment is determined by the ruler.

Law Enforcement Against Skimming Criminal Actors of Bank Sumut Medan

This research was conducted by researchers starting from the skimming case that occurred in banking circles in Indonesia, one of which was at Bank Sumut Medan. This study aims to explain how the legal protection for skimming victims at Bank Sumut Medan and the threat of punishment for perpetrators of skimming crimes at Bank Sumut Medan. This type of research is normative juridical. This research is an analytical descriptive study that describes the applicable regulations related to legal theories in practice. Data collection is done by means of literature study. The results of this study found that the crime of skimming can be qualified in Article 362 and Article 263 of the criminal law as theft and forgery of letters. However, with the Law on electronic information and transactions and considering the principle of lex specialis derogate legi generali, perpetrators of skimming crimes can be charged with article 30 in conjunction with article 46 and article 32 in conjunction with article 48 of the law. regarding information and electronic transactions in conjunction with article 55 paragraph (1) of the Criminal Code. Keywords: Law enforcement; Criminal Act; Customer Skimming; Bank Sumut Medan.

Sentencing: New trajectories in law By E.A.O.Freer, Abingdon: Routledge. 2021. pp. 131. £44.99 (hbk); pp. 146. £16.99 (pbk). ISBN: 9780067862619; 9781032063027

Sentencing: New trajectories in law By E.A.O.Freer, Abingdon: Routledge. 2021. pp. 131. £44.99 (hbk); pp. 146. £16.99 (pbk). ISBN: 9780067862619; 9781032063027

Held in Suspense

Abstract Promises of incorporation, threats of punishment, and fragile, revocable entitlements mark the signature of a modality of governance dedicated to the production of subjects who are neither included nor excluded from political or economic orders, but who are provisionally appended to them as though hanging by a thread. A wide array of political regimes renders these subjects simultaneously indispensable and expendable. The authors examine promise, threat and revocability as modalities of governance appearing across liberal and illiberal registers as a means to displace the costs, risks and responsibilities of political and economic projects onto the indeterminate subjects they simultaneously produce. The authors ask what subjects do as they are held in suspense, by studying the collectivities, social orders, and forms of political organisation that emerge amongst subjects as they anticipate the authorisations and the censures, the arrival and the forfeiture of governance.

Beyond Slavery's Shadow: Free People of Color in the South by Warren Eugene Milteer Jr.

Reviewed by: Beyond Slavery's Shadow: Free People of Color in the South by Warren Eugene Milteer Jr. Felicia Jamison (bio) Beyond Slavery's Shadow: Free People of Color in the South. By Warren Eugene Milteer Jr. ( Chapel Hill: University of North Carolina Press, 2021. Pp. 376. Cloth, $95.00; paper, $35.95.) Beyond Slavery's Shadow explores the varied experiences of free people of color in the southern colonies and the United States from the colonial period to the Civil War. From the outset, Warren Eugene Milteer Jr. makes several arguments that he expertly supports throughout the book. First, he asserts that the struggles of free people of color to maintain their rights and independence were consistently waged against colonial powers and state legislators who "gradually adopted attacks on free people of color as [End Page 116] an indirect defense of an economy propelled by slave labor and as a way to attract support from disaffected whites who saw persons of color as commercial competitors" (3). Free people of color—aided by their allies, which included white neighbors, indentured servants, and enslaved people—constantly fought to preserve their freedom and dignity. Milteer's study incorporates a wide range of persons who were included under the constantly changing umbrella category of "free people of color." The grouping varies depending on the time and place being discussed and includes "individuals labeled 'negroes,' 'mulattoes,' 'mustees,' 'Indians,' 'blacks,' 'pardos,' 'morenos,' 'mestizos,' 'quadroons,' and 'octoroons,' who possessed various ancestral connections to the Americas, Africa, Europe, and South Asia" (8). Free people of color obtained this status in a variety of ways, including being born free, suing for their freedom in the courts, purchasing their freedom from enslavers, being manumitted, or self-emancipating by fleeing from enslavers. The author shows that there was no universal experience for this group. Their lives differed depending on "gender, wealth, reputation, occupation, and family connection" (5). For example, Jo and Ann Sip, a married couple who lived in colonial-era Delaware, were bound out and forced to provide free labor for up to seven years to pay jail fees. In contrast, Rachel Bales was fortunate to have a Scottish grandmother who testified on her behalf as evidence of her free status as a British subject. The titles of the chapters reflect the constant battle to maintain one's rights. The book is structured chronologically, which Milteer uses to good effect. Chapter 1, "Liberty in the Colonial South," builds on the stripping away of rights from free people of color, which often occurred by discouraging interracial relationships. Milteer examines legislation from various southern colonies, such as Virginia's 1662 law that increased the fine for marriage and sex between whites and people of African descent; North Carolina and Maryland legislation that fined white women and bound out their "mulatto" children for several years; and Louisiana's 1724 Code Noir, which forbade marriage between white and Black people under threat of fine or punishment. Chapter 2, "The Revolution of Freedom," emphasizes how free people of color used the opportunity and rhetoric of the American Revolution to obtain more rights, often via an enslaver's manumission or by suing for their freedom in court. Chapter 3, "The Backlash," and chapter 4, "Making Freedom Work," are in conversation with one another. The former shows the backlash of the Revolutionary era in which states passed restrictive legislation that made it difficult to gain one's freedom, and the latter discusses how free people of color sought to maintain their rights [End Page 117] while providing important services to their neighbors as "laborers, farmers, artisans, and business owners" (104–5). Chapter 5, "Rebellion and Radicalism," focuses on the antebellum period after the 1831 Nat Turner Rebellion, in which southern states created laws that stripped away rights from free people of color and often forced them to leave the state after gaining freedom. Chapter 6, "Resisting Radicalism," further highlights the varied experiences of free people of color. Though the free population in the South had increased from 182,070 to 262,322 between 1830 and 1860, the vast majority "remained landless and possessed limited personal property" (193). Nonetheless, during the antebellum period, free people of color...

Buzzer's Position In Positive Law According To Law Number 11 Of 2008 Concerning Information And Electronic Transactions

This study aims to find out and analyze the position of the buzzer who spreads hoaxes in the perspective of positive law. As well as knowing and analyzing criminal responsibility for spreading fake news by buzzers. This research is a type of normative research. So it can be seen that the threat of punishment that haunted the buzzers spreading hoaxes in the 2019 elections in the Criminal Code is regulated in several articles. The articles in question are Articles 137, 207, 208 paragraph 1, and Article 310 paragraphs 1 and 2. And for stakeholders who order such action from the buzzers, they are threatened with punishment as stipulated in Article 55 paragraph 1 and Article 56 paragraph 1 and 2.

ANALISIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR : 329/PID.B/2021/PN.TJK)

The crime of theft with violence is different from ordinary theft, criminal acts of theft with violence such as vandalism, beatings, beatings and others, the threat of punishment is heavier than ordinary theft. The problem in this research is what are the factors that cause the crime of theft with violence? Criminal liability of perpetrators of theft with violence in Decision Number: 329/Pid.B/2021/PN.Tjk? Judge's consideration in the decision of the criminal act of theft with violence in the decision Number: 329/Pid.B/2021/PN.Tjk?. Research method The method used in the preparation of this journal is a normative legal approach and an empirical approach. Based on research on the causative factors are economic factors, malicious intent, the environment, the negligence of the victim. the accountability of the perpetrators is very little and does not provide a deterrent effect to the perpetrators of crimes, so that cases like this can arise again. The judge's consideration by considering the aggravating and mitigating actors in the judicial process. Keywords: Criminal Sanctions; Theft; Violent

Special Police Team Towards the Bright Point Brigadier Joshua's Murder Case

The obstacles faced by the police in uncovering this case are 1). Police officers have cleared the crime scene; 2). Brigadier J's HP Lost; 3). Witness Shut Up; 4). Other Obstacles regarding CCTV at the Office House Damaged; 5). Putri Candrawati is a key witness who is still alive. The bright spots for the cases that led to the death of Brigadier J include 1. The presence of Tita President Joko Widodo; 2. There is suspicion of premeditated murder; 3. It has been obtained and turned on CCTV cameras around the crime scene that are lost or dead; 4. Brigadier J's cellphone and CCTV have been examined in a forensic laboratory based on the Scientific Crime Investigation processed by a forensic laboratory; 5. There is a re-autopsy. To open the veil of Brigadier J's case based on President Joko Widodo's order, the National Police Chief finally named a suspect in the shooting case that killed Brigadier Yoshua Hutabarat, based on 1). Initial evidence is sufficient; 2). Other possible suspects; 3). The threat of punishment (Bharada E; 4). Bharata E was arrested; 5). Not self-defense; 6). Murder suspect; 7). Initial chronology.